Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-08-07
'NFoR NATION
.~...FoR....
OWNERS AND LOcATope
81
APPLICATION FOR PATENT

nesIs'er snd Receiver they become WIN
- record, and can neither be withaspsft
eral Land otsc must Dc transmitted to the e aof
AN application will be rejected vhan
sufficient. efroneous or
cause: 10 rejected ba
First The notice was published v,,,....
knowledge OF the Register. "t'nou'A
second-The notice was mot nrh,,
claim. ~nearestts
and ""' Aouho defectiv.
Fourth-.A previous application b.s
maue Ior the same premises, which W. oeen
drawn pending q suit in Court comrmss With.
the adverse claimant. nenced By
An application for patent will bs ,o,..,
%nen tns 1urvey does not accurately desn1 Vv .a
ance with law. u accord.
Where several parties own separate ana a..
tinct portions of q claim, applicsiouu us
patent may be made by either for IN az iof
OF the claim owned by him but vhere s sor
parties own undivided interesfs in : so.efal
claim all should join In an applicstion srahs
patent. iofs
A person or association NAV nu,o,...
many ptacor iocauons % the local law admit.
and embrace them all In one application sau,
patont. uiWt
Two or more lodes cannot be embr.o.a.
one application for q patent except for Ma
claims embracing two or more lodes wi,M
their boundaries Wig
Papers sworn to before any person puroo,,
ing to act ss 9 deputy for the Register an D. Y
ceiver cannot be recorded as evidences ~
In all patents for mining cIaina sr,r...,
WITHIN the interior boundaries of a town n.
q clause Is inserted "excepting and ercira,.s
all town property, rights upon the surfses
and all houses, buildings, structures' ,o,'
blocks, streets, alleys or other municipal h
provements not belonging to the grantee h..
In, and all rights necessary or propey 70 4.
occupation, possession and enjoyment Of II.
same"
Publication Of notice must be made n or,,
one newspaper for the period Of so DAYS.
Notice must be published 10 consecuhv,
weeks IN weekly newspapers. and in dsly
newspapers go days must elapse between ths
frat and last insertions.
where the Register designAtes the daiIy issus
OF Q newspaper fer publication of notices. M |.
mining application for patent IL is not 4 Com.
pliance with law to change to the weekly adj.
ton Of the same paper without authority Of
the Register.
The existence Of q salt spring on a tract a,
land withdraws 1t from the operation Of tbs
homestead and presumption laws, A hssrins
for the purpose OF proving the Agricultural
character Of such land 10 not allowed. Land
containing valuable deposits of slate may BE-
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim sgainet each sppiicstion which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once fled.
cannot be Withdrawn, but becomes . psrt of tho
record.
When an adverse claim has been filed II can.
not be amended 50 as TO embrace q larger pCr.
ton OF the premises than that described in the
original adverse claim.
An adverse claim mnst be made out IL
proper form and flied In the proper local ofaa
during thep period OF publication OF the applt
cation for the patent to be effective.
II IL the duty Of the adverse claimant
suit in proper form within thts
quired time. and II he trusts the uncena
medium of the United States mail he nx
abide the consequences, should the tsE
ensue, through misfortune or accident. shouia
the failure to commence suit be the result
the corfupto or dishonest action of his sttsrnsJ,
the Interior Department cannot redress The
wrong.
An adverse claimant should set forth 10 d.
tail the facts upon which he bases hs adverse
claim. A statement In general terms, embed.
ing conclusions of law, without stating Tue
facts specially, will not be considered In r'
dence.
An adverse claimant should show q comph.
ance with the local laws In recording hisclsin
and in regard to expenditures. and shall Me
copy of the original notice of his location, sni
show he nature or extent of the conhie'
alleged.
An allegation of parties to a suit that toey
compose the company 10 sufficient, and thFy
are not required to prove that they are me
original ~locstors or the identical parties WHO
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, II any value, for seri
cultural purposes, but Ia essential 70 us
proper development of mining claims, u
should be disposed Of under the Mining Act
Where lands containing valuable mineral
deposits have been included in an agricultnrs
entry, said entry will be Cancelled AZ any nns
prior to issuance Of patent, upon satisfactory
evidence of the existence Of such valuable 10
posits. a.
Where valuable deposits OF mineral sre d-
covered upon q tract sitter the same iss osa
entered as agricultural, but before ! 3teni DIV
been issued, the parties claiming the miA'
may make application for patent for sans
and the agricultural entry will be Cancelled
that portion of the Ian embraced by -"
mining claim.
Where mineral deposits are discovered o.
agricultural lands after the patent has pees
issued to an agricultural claimant, thsy ""
with the patent.
Agricultural College scrip cannot DO
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF Ii. provided he becomes q clu. II
before disposing OF the min PROOF snas rs
party was not 8 citizen before disposins o. ="
claim must be afirmatively shown. ..hs,
Locators and intermediate owners v ~
thar applicants, will not be presumed ans ~, :
in the absence Of allegation or objection ~"
to issuance Of patent. n.n
The portion of a mining claim soia us
alien cannot be patented while suoh own ~s
an alien; but on his declarstioni o peov sss,
citizen his right dates back to bis par Sists
aud he may thereupon secure uniVo''
patent for his claim.
GROSS LEDaEs.
Revised Statutes. Section 1885: ,...,ssct
Where two or more lodges cross or and
each other, priority of title shall govs' III ore
such prior location shall be entitled Ws,oter.
or mineral contained within the spsoeouhsye
but the subsequent location - inter.
the right of way through the space apiens
section for the purpose OF the n or rors
working OF the mine. And where .wv,o shall
veins unite the oldest or prior lochuyI 10.
take the vein below the point OF un'oN'
Guiding all the space of intersecnoh'
TUNNELS.
There Ia no authority Of law for = a.tion
location 5000 by !, 800 feet. A proper
IL The width OF the tunnel for 5000 iee,.
Tbara Ia no provision Of law for ps."s nm.
tpnnei locations, but lodes discovered amer